Everyone deserves fair compensation for their injuries and other losses. To get the most out of a personal injury settlement, you should work with an Indianapolis personal injury lawyer to help you determine what you are entitled to and how much it is worth.
To understand what influences compensation amounts in Indiana, let’s break down personal injury cases.
Understanding Personal Injury Settlements in Indiana
There are two main types of damages that you can be rewarded for in personal injury settlements, namely economic damages and non-economic damages. Economic damages are tangible damages and refer to lost wages, medical bills, property damages, out-of-pocket expenses, and more.
They represent a high portion of your settlement amount. However, non-economic damages can be double or more their worth in some instances. Non-economic damages refer to intangible damages such as pain and suffering, PTSD, loss of enjoyment of life, and others.
In personal injury cases, the more severe your injuries and other losses are, the higher your compensation will be. Yet, there are other factors you should be aware of. The state of Indiana follows the modified comparative fault system. This means that regardless of what accident you were involved in, if you are discovered to be more at fault than the other party, you won’t be able to recover damages.
Similarly, suppose you are partly responsible for the damages but not more than the opposing party. In that case, the percentage of fault assigned to you will be deducted from your final settlement compensation amount.
This means that if you want to get the most out of your personal injury settlement, you will need to prove negligence and have legal aid by your side to do so. You should also consider filing a personal injury claim as soon as you are able because there is a statute of limitations on personal injuries.
The statute of limitations in Indiana is two years. If you want a higher settlement, then you will need to act as soon as possible since it will be easier for you to gather evidence and have reliable witnesses as the incident was recent, and their testimonies will hold more power. If you delay too much, the opposing party might argue that your injuries weren’t that severe or outright deny your claim, which will most likely lead to a personal injury lawsuit.
Working With a Personal Injury Lawyer
You should consider working with a personal injury lawyer to get the most out of your personal injury claim. They have the experience and legal expertise to know exactly what you are entitled to and are also good negotiators.
When you file a personal injury claim, apart from dealing with your injuries and recovery, there will be a lot of paperwork.
As well, the opposing party and insurance companies might offer you a lesser settlement amount to end the case, deny your claim, or use other strategies to make you accept a lesser settlement, such as saying that you didn’t wear a seatbelt during the accident and that you are partly responsible for the severity of your injuries. However, this strategy cannot be used in court, and your lawyer knows this. Working with a lawyer ensures that you won’t fall into such tactics and force the other party into accepting a settlement offer in your favor without going to court.
